


Santa goes downtown again

by SonicGavel



Category: Law & Order: SVU
Genre: Alleged attempted child endangerment, Breaking and Entering, M/M, Miracle on 34th Street AU, Santa Claus AU, Sonny takes time off from SVU to be a defense lawyer for a bit
Language: English
Status: Completed
Published: 2017-12-16
Updated: 2017-12-16
Packaged: 2019-02-15 10:14:19
Rating: Teen And Up Audiences
Warnings: Creator Chose Not To Use Archive Warnings
Chapters: 6
Words: 7,102
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/13028895
Author URL: https://archiveofourown.org/users/SonicGavel/pseuds/SonicGavel
Summary: Based on a Tumblr post I just reblogged AND the original Miracle on 34th Street, a Salvation Army Santa Claus (who really has magic but can't prove it yet because though he uses December magic, it's not completely ready for full use until Christmas Eve) gets arrested for breaking and entering when he's found in the bedroom of a little girl who was desperate for a Christmas present, but the parents just think he was a perv and he gets arrested additionally on charges of attempted molestation. Barba takes the case to prosecute, but Carisi, because he's a kid at heart, and with Liv's permission because she and Amanda had just taught the kids about Santa, takes time off SVU to defend him to prove his competency. The case gets dropped because the kid testifies despite what the parents think what's best and because the judge (let's pretend he's a Harry Stone at heart) listens to all ages and has grandkids of HIS own, Rafael has no choice but to drop the incriminating charges against him and the parents have to treat the kid to whatever she wants for dinner and dessert, but there's still the deal with Santa's competency...Wait and see for THAT!





	1. A little early Christmas magic...to an extent

**Author's Note:**

  * For [keraunoscopia](https://archiveofourown.org/users/keraunoscopia/gifts), [Robin Hood (kjack89)](https://archiveofourown.org/users/kjack89/gifts).
  * Inspired by [untitled](https://archiveofourown.org/external_works/345195) by butihavejoy.tumblr.com. 



December 4th, 7 PM. A little girl whose parents were considering cutting Christmas out of the budget walked past a Salvation Army station and a Santa Claus. He had a glint in his eye, kinda sad that the girl's parents couldn't afford a Christmas this year, as he had overheard. Sad, he decided to spend some of the money he had earned as a department store Santa earlier that week and bought every present available at the department store he worked at, everyone willing to help him.  
...................................................................................................................................................................................................  
Thanks to the December snow on the ground, using what little magic (He really is Santa Claus, but he doesn't like to show off during the holidays.) he had, he made location orb and was able to easily find the young girl's address, then snuck in using a reindeer antler skeleton key. With that, he was able to sneak into the little girl's room and slowly unpack the presents he bought. All too soon though, the little girl woke up.

"Santa?" The little girl asked as she saw the presents on her floor.

"Hohoho, good little girls like you should be asleep." The Santa said as she addressed him.

"I woke up thirsty, but proof that you exist and would deliver an early Christmas just for me? Even better than the gifts or even a glass of water." The little girl was touched by her presents, that she teared up with joy and hugged the man. But just then, her father heard her tears and thinking she had a nightmare, he then pulled his daughter out of the Santa's lap and clonked him on the head before calling 911."

"But Daddy, that WAS Santa. See the presents he gave me? I was hugging him." The little girl tried to explain, but the father didn't buy it."

"Those presents are being sent back, he's a stranger, he could've even touched you in your bad place." The dad hissed.  
...................................................................................................................................................................................................  
When Liv got the call, she was just telling Noah about how to write Santa a letter to tell him what he'd like for Christmas.

"Benson. What? Okay, Rollins, slow down. A department store Santa broke into a girl's house and he might've touched a child?" Liv asked as Noah overheard. "Give me the address and I'll be right there." Liv said as Noah walked over and read as Liv wrote. "That's Macy Gimbel's home. Her parents are financially strapped at the moment. Mommy, what if the department store Santa had different intentions than to cause her pain?" Noah asked.

"I need to interview the girl first and then I'll get the Santa's story after. I'll let you know, sweet boy." Liv said as she began to get ready for work. "I love you so much. I called Lucy and Grandma Sheila and they're gonna come and get you ready for bed. Brush your teeth and do a little homework until they get there, okay?" Liv asked as Noah nodded his head and began to brush his teeth. "I love you."

"I love you too, Mommy. Good night." Noah croaked as Liv left.


	2. Call me Kris

**Summary for the Chapter:**

> The Santa gives his side of the story and the store he works at corroborates his personality and story, including the alleged victim who swears on her status on the Nice list that Santa never touched her inappropriately.

"Kris? He'd never hurt anyone. He almost bought out the entire toy section for this one girl who he saw while he was doing the Salvation Army last night." The cashier at the toy department said as she was being interviewed by Carisi and Rollins.

"So you say." Rollins said as she looked at the girl weird. Not even she was believing that this guy was fishy.

"Well the father says otherwise." Carisi said as he looked at the girl as if he were an investigative reporter looking for an explanation as to what really happened in the house. He didn't believe the parents, he was really more interested in what the kid had to say. But here he was with Rollins and the cashier.

"Kris doesn't have a criminal record. He's a really good guy." The cashier defended and Carisi and Rollins just thanked her and gave her their cards.

"You can't be believing this heresay, I just taught Jessie about Santa too." Rollins said.

"Lieu did with Noah last week too. But I believe whatever Prima Facie evidence makes Santa not scour his good name." Carisi explained, trying to have a good heart and keep his love of Christmas and Santa even in tact.

"I get it, we all do. But sometimes there are scurvy Santas out there." Rollins said.

"This Santa ain't one, Amanda. I can feel it." Sonny said as he walked past Rollins, who was puzzled by the whole thing.  
.............................................................................................................................................................................................................  
"Macy, I want you to take your time. You don't have to relive the whole ordeal." Liv said as she began the interview.

"My parents were fighting. I fell asleep crying because they were fighting about money and Christmas. My Daddy got laid off, so I wasn't gonna get a Christmas this year. My Mommy tried to calm me down but he smacked her. He always get that angry when he drinks the yucky brown water." Macy started to hypoventilate. "My Daddy then screamed at me to shut up and go to sleep or he'll give me something to really cry about and I had no choice but to try to hide my head under a pillow so he didn't think I was still awake." Liv was sympathetic to her plight.

"It's okay, sweetie. What happened next?" Liv asked.

"I woke up thirsty, and then as I slowly opened my eyes, I saw Santa. He gave me presents I wanted and more. I was so happy I cried tears of joy and hugged him as a thank you. I really thought I wasn't gonna get Christmas. But then my Daddy came in sober, and then he knocked Santa out thinking he was hurting me. He grabbed me really hard and accused Santa of touching me down there, but he didn't. He was too pure in his blue eyes to even be that kind of Santa." Macy said as she sighed. "And now I still don't get to have a Christmas because once the evidence is cleared as evidence, everything goes back to the store. My Daddy said so." Macy began to cry again, the financial stress and the issues with her father were obviously taking its' toll on the poor child.  
..............................................................................................................................................................................................................  
"I'm telling you. I have my ways of getting into children's homes before Christmas. I'm not allowed to use a lot of Christmas magic before Christmas or I'll not have enough for Christmas Eve." Kris, the accused Santa said.

"A likely story. And the little girl was really crying tears of joy when she saw the presents?" Fin asked.

"YES! She was crying happy tears when she came to hug me. Her father heard her crying and he thought he was going to her rescue by hitting me." Kris said.

"Mr. ah, Kringle, you call yourself? Evidence points in your favor but we still need to charge you for breaking and entering. ADA Barba wants to charge you with the molestation charge just in case though." Fin said calmly. He didn't really wanna do this, he was just becoming a grandfather. Ken and his husband, who miraculously recovered from the gang rape, they had just adopted a set of twins, boy and girl. He sympathized with the Santa's plight. But he had to do his job and lock up the most recognizable symbol of Christmas. He only hoped the good things he'd done in his time with SVU was enough to keep him on the nice list.  
..............................................................................................................................................................................................................  
"Upon listening to Miss Gimbel's testimony with Lieutenant Benson," Judge Melvin Ryan began in his ruling. "I believe that what happened was not child molestation related at all and am dropping all charges. As for the father, Mr. Gimbel, I order you go to mandatory AA meetings, and Miss Gimbel stay with Lieutenant Benson and her son until the home is completely stable." Judge Ryan rang his gavel and Macy ran straight to Noah, her favorite playmate at school. She'd invited him to play a couple times and Lucy'd always taken him.

"However, I do have to hold a competency hearing for Mr. ah Kringle, and there is his breaking and entering trial." Judge Ryan said.

"Your honor, Detective Dominick Carisi Jr. I want to represent Mr. Kringle." Carisi said.

"WHAT?!" Rafael's eyes bulged almost all the way out of his head.

"Order in the court, please keep it together, Mr. Barba." Judge Ryan said.

"Mr. Kringle gave me a piece of evidence before arraignment, just before you heard Miss Gimbel's testimony on what Mr. Kringle did to her, and this is how he got into the Gimbel's home." Sonny offered the antler key to the judge.

"A North Pole version of a skeleton key, I presume?" Judge Ryan said.

"Except it's made out of antlers." Kris explained. The gallery laughed and Judge Ryan rang his gavel again.

"So there wasn't really much breaking, and the entering was to mostly deliver toys. Not steal. So I motion to dismiss this charge too. There is still a matter of his competency. Whether or not he's sane." Judge Ryan said after banging his gavel on dismissing the breaking and entering charge.

"Well your honor, that's just it. As a lawyer with the bar association, which I haven't had a chance to use my license yet because of my job with the Special Victims' Unit because we lost a detective shortly after I passed the bar, I asked my lieutenant for time off to represent Mr. Kringle and she said yes." Carisi said.

"What's your case, Mr. Carisi?" Judge Ryan asked.

"Your Honor, I intend to prove that Mr. Kringle really is Santa Claus." Carisi said as Barba collapsed, having forgotten to eat and the shock of Carisi's announcement causing him to go into a low blood sugar seizure. He woke up in the hospital an hour later with Rita and Liv standing over him.

"Where's Sonny? I wanna do what Peppermint Patty wanted to do to Snoopy after he sent her to go to the dog obedience school he attended. WRING MY BOYFRIEND'S NECK!" Rafael said as after saying that, he felt a little light-headed.

"Rafa, relax. Have some pudding." Liv said.

"Fine." Rafael then snatched the cup of pudding in his hand from Liv's and drank it like it was an Ensure.

"You forgot to eat again and the stress of that mixed with your boytoy betraying your ass because he's a child caused you to faint and hit your head. Judge Ryan adjourned the trial and gave you at least five days to rest. The competency trial starts on the 20th, plenty time to recover." Rita said. Suddenly, a big vase of Rafael's favorite orchids came in with a huge "Feel better soon" card and a giant smiley face aluminum balloon entered the room and Rafael knew it was from the man he'd been dating for almost a year.

"Rafi, please don't hate me. I had to do it. Those kids out there need some sort of hope and Macy today and what not." Sonny tried to explain.

"You don't have to explain anything, Sonny." Rafael said. "Though I think what you're doing is stupid and a waste of your degree."

"I thought you'd say that. Just know that I plan to play as fair as I can." Sonny said as he walked off. Rafael smiled sadly as he felt like he hurt his wonderful boyfriend. Macy then came in and drew a picture for Rafael, Sonny as an elf and Rafael as Max. He chuckled lightly and asked for more food. He needed to build his strength for his trial on the 20th.

**Notes for the Chapter:**

> The Judge was named after what Harry would've been named on Night Court if Buddy was involved with his upbringing. Stupid cheese whiz.


	3. Trial of the Century...Santa or defense? Who's crazier?

**Summary for the Chapter:**

> The title is exactly what Rafael reads in the paper when the trial starts and he begs Sonny to stop.

TRIAL OF THE CENTURY! SANTA OR DEFENSE? WHO'S CRAZIER! That was what greeted Rafael when he returned to work the day the trial was to start. Rafael sighed devastated at what his boyfriend was doing to his reputation. He looked at his witnesses, a couple specialists who knew for a fact Santa wasn't real and Emil Skoda who said lying about Santa Claus causes severe trust issues as the kids got older.

"Hey, I thought you'd like to look at my witness list, see if I got everyone right." Sonny asked as he smiled at his begrudged beau.

"They're all kids." Rafael said.

"Not all of them, just Noah, Jessie, Macy Gimbel and your mother." Sonny said as Rafael at the same time saw Rafael's mother on the list, spitting and choking on his coffee.

"YOU'RE PUTTING MY MOM ON THE STAND?!" Rafael asked.

"She has stories about your cousins." Sonny said.

"Look, baby. This is ruining what kind of reputation you could've had as a lawyer." Rafael said as he gave Sonny the paper.

"Any publicity's good, they always say." Sonny said, poor Rafael's face going agape.

"Look, we were supposed to babysit Noah an Jessie tonight. How about I get Kris to do it instead with Liv's request and we just go on a quiet dinner date?" Sonny asked. "Pwetty pwease?" Adding a kiss on the nose made Rafael laugh semi-hard.

"This weekend, I'd probably be happy to do that." Rafael said. He kissed Sonny's lips and then they had to go to trial, both acting truly professional.  
.............................................................................................................................................................................................................  
"Dr. Skoda, can you explain what kind of damage lying about Santa does to a kid?" Rafael asked.

"Usually, it would cause trust issues. What's the truth? What's false?" Emil explained as everyone was in the gallery. "It all gets confusing for the child." Skoda finished as Rafael said "Nothing further."

"Dr. Skoda, you've seen how kids who believed in Santa always thought about what their favorite people among others wanted for their birthday or Christmas as well as other occasions, right?" Sonny asked.

"Yeah, you could say that." Emil said.

"And they'd even do Santa Claus for the little kids, right?" Sonny asked again, Emil squirming in their seat.

"Yeah, but where is this going?" Emil asked.

"Well, as a prelude to my expert witness, Dr. Elizabeth Olivet, she has had patients who believed in Santa, didn't have trust issues and still did the Santa bit for the kids in their communities." Sonny explained. "Including, your honor and the well-schooled ladies and gentlemen of the jury, your own Dr. Skoda." Sonny picked up a picture. "States evidence #47, your honor. Dr. Emil Skoda at a Christmas party in 1993 dressed as Santa Claus. How are we to believe Dr. Skoda's capability when he's guilty of exactly what he's confirmed is as easy a possibility-no, a probability as his claims about trust issues?" Sonny asked the jury to consider this. The jury gasped, the gallery oohed and ahed and Rafael just sank in his seat.  
.............................................................................................................................................................................................................  
"I volunteered for Detective Carisi's cause. I'm not a scrooge during the holidays." Liz said as Rafael was pestering her.

"Liz, he destroyed Emil in court. You can't really be buying this." Rafael said.

"Look, there are people who think are Santa Claus but are actually crazy but they never do anything harmful unless their beliefs are being threatened. Haven't you seen Miracle on 34th Street? This is a true case of that. I was merely trying to keep a kind man who wanted to do a nice thing from being lost in the system especially during the holidays." Liz then left to do some Christmas shopping.

.............................................................................................................................................................................................................  
Judge Ryan breaked for lunch after the cross examination with Skoda, but came in with a semi-somber look on his face.

"Something wrong, your honor?" Sonny asked.

"Mr. Carisi, Mr. Barba in yet?" Judge Ryan asked.

"No, not yet. He went to pester my expert witness. I just know it. Why?"

"Look I know the two of you have a relationship and considering you're keeping things really professional in court, there's no way I'd replace the Prosecution in this stage. There is one factor that's changed and I need both of you present." Judge Ryan said.

"Of course. I'll text him." Sonny said.  
.............................................................................................................................................................................................................  
Once Barba came in, and the jury came in from their lunch, Judge Ryan sat down and explained the factor that had changed. Liv and Macy came in just as court began.

"Ah, Miss Gimbel. I'm glad you could make it. Ladies and gentlemen of the jury, Mr. Barba, Mr. Kringle, Mr. Carisi, some news has come up in the case involving Miss Gimbel's parents. Macy, may you approach the bench please?" Judge Ryan asked. Macy slowly did so as he got off his bench and knelt down to her size.

"Your mother wanted you to have this in the event of..." The Judge took a little time to pause. "I'm so sorry to tell you this, Miss Gimbel, but your father broke out of the facility he was staying at to learn how to cope without alcohol and he went to your house, forgot you weren't there, got drunk and shot up your mother shortly before he shot himself. She didn't make it, but I was called to the scene of the crime and she gave me a locket that she pulled off her neck to give to you." Poor Macy started to cry even harder than before Kris came to cheer her up. He put the locket around her neck delicately and Liv comforted her.

"With that said, Miss Gimbel is now a ward of the state, but from what Lieutenant Benson's said, you're great with kids. Is that correct, Mr. Carisi?" Judge Ryan continued.

"I love kids and hope to have some of my own." Sonny said.

"Well, today's your lucky day. Though this isn't family court, I am very invested in this case. Dominick Carisi Jr., with the power invested to me by the state of New York, I rule for now that Macy Gimbel stay in your and Mr. Barba's care. Trial will resume tomorrow. For now we're adjourned so Miss Gimbel can get used to her new home." Judge Ryan banged his gavel and Sonny was floored. He took Macy's hand and Rafael, just as floored at the ruling as Sonny was, looked down at little girl they were now caregivers to.

**Notes for the Chapter:**

> The ending leads to a warmer moment between Kris and Macy in the next chapter. It'll take place just a couple days later as Sonny and Rafael go on their date and Kris babysits Noah, Jessie and Macy. Jessie and Noah are already asleep at some point and they cuddle in the same bed. Jessie and Noah of course. AW to that.


	4. A family for Christmas

**Summary for the Chapter:**

> Sonny tries to propose to Rafael after a tender hotel tryst as part of their date night (the hotel detour per Rafael's request) while Kris, who's out on bail thanks to Sonny paying, watches the kids and has a tender moment with Macy.

**Notes for the Chapter:**

> Some of the 1994 version peaks in here.

"I still can't believe you paid his bail." Rafael said as they were waiting for Kris to come in with Jessie and Noah. Noah decided to turn Barba's apartment into a slumber party location in order to make Macy more comfortable. Going to the same school, Noah was always trying to make sure she had friends when they first met.

"Like we should be on the naughty list for already ruining his life charging things he never would've done." Sonny retorted.

It had been a couple days since they had taken Macy into foster care due to Judge Ryan saying Macy needed a more stable environment. Rafael and Sonny made enough money to get by, something Liv suggested would be great to give her the best presents.

"May I have some more milk?" Macy asked as politely as possible.

"Sure, Macy. Let me get some." Sonny said. He opened the fridge and found a carton that expired three weeks after the sell-by date.

"If the milk's spoiled, I'll drink water or juice instead. I don't really mind. I never did when my parents-" She stopped mid-sentence, trying to come to terms with her new found status as an orphan.

"Hey, sweetie. You don't have to worry about your parents arguing anymore. And you don't have to be afraid of me or Rafi, okay? If you want, I'll stop by the grocery store on the way home and pick up a half gallon of milk." Sonny kissed Macy's hand and she smiled before hugging his neck. Just then, a knock arose on the door.

"I'll get it. It's probably Kris with the other kids." Sonny said as Macy climbed back in her chair and as soon as the door opened, Noah came in, Jessie's hand in his and Macy smiling.

"Jessie, this is Macy. We go to school together. Macy, this is my best friend outside school, Jessie. If you're done with dinner, we can play wolf pack. Or we can also play We Bare Bears. I'm always Griz." Noah said.

"I'm getting kinda tired of playing Ice Bear. You seem like the quiet type and I'm kinda loud like my mom. Would you like to be Ice?" Jessie offered.

"I haven't ever seen that show." Macy said.

"Oh, well let's try playing wolf pack instead. I'll teach you how to howl like a wolf. AAAAAAOOOOOOOOOOOOOOOOOOOOOOOOOOWWWWWWWWWWWWW GGGGGGGRRRRRRRRRRRRRRRR" Noah said.

"That seems too scary." Macy said.

"Right, I almost forgot your dad was more of a werewolf himself, wasn't he?" Noah asked.

"It's not your fault, Noah. We can play board games instead. As soon as Sonny and Rafael took me home with them, Sonny bought me Sorry. I've smoked him at least twice." Macy said.

"Let's." Noah said.

"What's Sorry?" Jessie asked.

"It's a board game that teaches you how to count. Basically there are four different colored sets of pawns. Red, Green, Blue and Yellow. They're in a place called Safety. A 1 or 2 gets a pawn out of safety one by one until those pawns reach home. But the catch is they have to go around the board first." Noah explained.

"They'll be just fine. I'll make some truffles and they can play Sorry most of the night." Kris said.

"Okay, Kris." Rafael said, unsure if he should call him that.

"Oh, be careful unless you already know. Macy is a master at Sorry." Sonny warned.

"I already know. Not only has Macy said, but I do have an all-seeing eye." Kris said. Sonny nodded in excitement, and Rafael just rolled his eyes as he pulled Sonny's arm and flew out the door.  
.............................................................................................................................................................................................................  
Sonny and Rafael had a great time out. They ate dinner at Rafael's favorite place, there was a little dancing involved since it was the holidays and someone on sax was playing "What are you doing New Year's Eve?", then Rafael took Sonny to the Rockafeller Center tree. They briefly bumped into Judge Ryan and his two grandchildren, who were smiling more at Sonny than Rafael since he was the one charging Santa for lunacy as their Grampa called it. Sure they also knew their Grampa was presiding in the case, they knew that he was also on Santa's side, or at least they hoped.

Finally, Rafael took a detour into a hotel.

"Last stop here?" Sonny asked.

"I missed cuddling with you and then some, Sonny. It doesn't matter if we're on opposite sides of this case." Rafael said as he kissed Sonny and pulled him into the hotel, checked in temporarily and made wild love to his boyfriend like they hadn't since they first fell into bed.  
.............................................................................................................................................................................................................  
Back at the apartment, Noah and Jessie had fallen asleep after Macy had brushed her teeth early, only having just one truffle and then finishing the game of Sorry she started with Noah and Jessie. She was in a different sleeping bag and Noah and Jessie were on a makeshift bed made up of their sleeping bags and a couple pillows, holding each other like siblings.

"Nice and snug, all in a rug. Now, Macy. Since they made the store take back all the presents, would you like something else in particular for Christmas?" Kris asked.

"I know you're Santa, but I also know you can't always work miracles that are in desperate need of being worked. But there is something." Macy temporarily got out of bed and pulled out a magazine ad for a house.

"I'd like a new house. For Sonny and Rafael. So they can fully adopt me. I know it's a long process, adoption, but foster care's not forever and I really like Sonny. Rafael's nice too." Macy said as she gave Kris the ad.

"A house is also difficult to buy." Kris said.

"Mommy and Daddy used to fight about the Real Estate Market." Macy said as she got back into bed. "I'm used to not getting what I want so I don't expect it at all if not right away." Macy said, laying down onto her pillow.

"Macy, I can't make too many promises, but I will search for that house." Kris said as she smiled gratefully and then went straight to sleep. Kris looked at the ad and imagined Macy in the picture with his lawyer and Rafael embracing her on the grass and a second child. He knew where to find just the house they were talking about, this was an ad from the department store he worked at and knew where to pull a few favors.  
.............................................................................................................................................................................................................  
Rafael came out of the bathroom, having showered after his tryst with Sonny. Sonny was getting redressed, and he pulled something out of his coat pocket before asking him something.

"Would you like your Christmas present early, darling?" Sonny asked.

"That depends, what is it?" Rafael asked.

"Do you want it early or not?" Sonny playfully chided.

"Yes." Rafael said.

"Close your eyes." Sonny said as Rafael did as asked. Sonny quietly opened the ring box and told him to open his eyes.

"OHMYGOD!" Rafael said as Sonny smiled.

"Rafael, I've been waiting until tonight to do this. I asked my dad for my great grandfather's wedding ring and after he did so, Lucia gave me her blessing like two days before Kris's accusations and the competency hearing. I wasn't even expecting Macy entering the picture like she did two days ago, but I see her as a sign of something more for us than just us. I don't just want you and me, Rafael. I want a family with you." Sonny took the ring out of the box and held it up to Rafael's hand. "Will you please marry me?" Sonny asked as Rafael teared up.

"Oh Sonny. I love you more than anything. Yes I will marry you, but I want to wait to accept until after the trial. That way, feelings are spared." Sonny understood and promised to hold onto the ring until afterwards. His heart heavy but attempting to fly like Wyle E. Coyote after he falls down the cliff because he did semi-succeed.  
.............................................................................................................................................................................................................  
Sonny stopped by the store as he promised he would and bought fresh milk for Macy and then they drove home.

"How was your evening?" Kris asked.

"Bittersweet." Sonny said as he went to go over the trial the next day, as did Rafael.


	5. A will to concede

**Summary for the Chapter:**

> After Lucia and Liv take the stand, Rafael asks Sonny to provide some sort of proof.

**Notes for the Chapter:**

> Now I'm combining both

"Mr. Carisi, do you have your next witness?" Judge Ryan asked.

"Defense calls two people today, your honor. My first witness is Lucia Barba." Carisi said as Lucia came up to the stand and raised up her subpoena to Rafael curtly and walked up to swear under oath about the existence of Santa Claus.

"Senora Barba-" Sonny started.

"Please, if the judge allow, call me Lucia." Lucia interrupted.

"Senora Barba, I'm afraid the court of law only allows formalities even if he is your son's boyfriend." Judge Ryan explained.

"Oh, well okay then. Sorry to interrupt." Lucia apologized, full of chagrin.

"It's fine, Senora. So were you the one who taught your son about Santa when he was growing up?" Sonny asked.

"Why yes. I mean you already knew that but if you want to clarify for the court, I did teach my Rafi about Santa. In fact, a couple years after I finally started the charter school I work for, Rafi always volunteered to play Santa for the kids in my classes." Lucia said. The jury gushed and so did the gallery. Judge Ryan gave a big gappy smile to that as well, in spite of himself considering his status as a judge.

"Why one year this one child was so poor he was living in a Hooverville. He gave up half of his salery to pay for them to live in a hotel for at least a month, and the little boy eventually got a house courtesy of his firm at One Hogan Place." Lucia doted. He's fairing better than anyone else would under a cardboard jungle."

"Thank you, Senora Barba, you may step down now." Sonny said as Lucia got off the stand.  
.............................................................................................................................................................................................................  
"Oh yeah, it was actually Rafael's idea to wait until Noah was 6 to teach him about Santa Claus. He was even reading him The Night before Christmas to him." Liv said.

"Objection, I don't see how my past with Santa has anything to do with Mr. Kringle's competency." Rafael said.

"Your honor, I pray that you see the pattern that Mr. Barba, like most children believed in Santa at one point and like most adults such as Dr. Skoda three days ago, isn't such a Grinch during the holidays and dresses up as Santa for the children each year." Sonny said.

"I allow it. Let the jury have it on the record that even the ADA has a heart." Judge Ryan said.

"Noah was even writing his Christmas list to Santa when I got the call about Macy that night." Liv said as Macy waved in the gallery, being out of school for Christmas break with Noah and Jessie who were doing their annual gift exchange.

"Wow, a magnet on a piece of yarn." Jessie said.

"Mommy helped me find the perfect magnet. The material used to make magnets were believed to lead people home in Ancient Greece." Noah explained.

"Is that what you learned in school?" Jessie asked.

"It's what Mommy taught me. I love the bubble soap you gave me." Noah whispered as he opened the bottle, took the applicator out and blew ino it, producing the bubbles. Judge Ryan lightly giggled before going back to the procedings as he was sure it was the only batch of bubbles Noah was gonna blow.

"Your honor, to spare me further embarrassment and horror from discussion of my history of charity and believing in Santa in the past, I'm willing to concede that Mr. Kringle's indeed Santa. On the condition however, that Mr. Carisi give us the proof." Rafael said.

"Very well. Mr. Carisi, I'm sure you don't have enough circumstancial evidence, so I will allow you to gather it until tomorrow, Christmas Eve." Judge Ryan once again adjourned the court and Macy ran Sonny to her old house.

"Under my pillow should be my letter to Santa. I didn't bother to give it to my Mommy to mail it this year because Daddy lost his job. His taste for alcohol always chased financial gain away." Macy said as she grabbed it and Sonny took her home. Noah and Jessie were waiting for them when they got there.

"All I want for Christmas is for Santa to be released and I have every inch of faith you will do that." Noah said. "But just in case, I thought my letter would be helpful." Noah handed it over to him.

"My mom had to help write mine down because I'm not in school yet, but here. It should come in handy as well."  
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Meanwhile, Judge Ryan was being yelled at by Arthur Branch.

"How are you as unpolitical as Jack McCoy?" He bitched.

"How are YOU such a Scrooge?" Judge Ryan retorted. "Look, Arthur. I have two grandchildren at home. I rule him crazy they'll never forgive me because they'll think Santa won't deliver their presents Christmas Eve. They're already depending on my ruling to be he is Santa so I'll save Christmas. It's not about politics, it's about what's right."

"Fine. Tell the world he's Santa Claus. They'll think you're nuts and then you'll expect only three votes for you in the next election. Your own, some Schizophrenic who got off on a technicality because they claimed you nuts and McCoy's." Arthur, now the Judge's unofficial political strategist, was still bitter that Jack McCoy had taken his place as the DA.

"You forget Jack's retiring. Besides. He's a republican." Judge Ryan said as he went into his house to nap.


	6. In God we trust...Redirect to the Manhattan Courthouse

**Summary for the Chapter:**

> More letters to Santa/Kris come in and for further proof, Sonny gets the idea of belief as a whole.

**Notes for the Chapter:**

> Once again using both resolutions from the 1947 and 1994 versions respectively.

The next morning, Sonny got a surprise from all the mail providers from post offices all over New York telling him to use this as his proof. He did. and it was snowing letters all over Judge Ryan's desk. Rafael was impressed. He also brought in a reindeer but Kris said he couldn't try and fly it because it only flew on Christmas Eve and also he didn't want to lower his magic meter. That made it harder to prove Sonny's case as it seemed, but one last thing was done with Macy's help after lunch.  
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"Judge Ryan. I just wanted to thank you with a card. Not just for my needs of a home with Mr. Carisi and Mr. Barba, but also for doing everything you can with Santa-I mean Mr. Kringle. I also wanted to gift you with a magnifying glass because you look like the film noir Sherlock Holmes type of movie buff and I thought you'd appreciate that." Macy said before he walked onto his bench.

"Thank you, Macy. I can't wait to read the card." Judge Ryan said as he hugged her tightly and went onto his bench to read it. When he did open it, it was quite a shock to see a Ten spot on it. He didn't think it was a bribe and it was confirmed not to be when he held up the magnifying glass to see in red pen, In God We Trust circled.

"Well would you look at that? In God we Trust, four little words. If we believe in abstract objects such as God, and Santa's practically Abstract to Adults but we have all kinds of people dressing up as him. Who are we to dismiss Santa as inexistent? Who are Athiests to dismiss God as inexistent at the same time. Of course, this is a ruling to see if Kris Kringle is Santa and if Santa himself is real. Well, if God exists to us on a ten dollar bill and the ten dollar bill is made by a branch of the government that's equal to the Judicial system, then it should be my job to rule that not only does Santa Claus exist in a person, but he exists as such a person as Kris Kringle. Ladies and Gentlemen of the Jury, you're free to go. Santa exists." Judge Ryan banged his gavel and the whole state screamed in excitement.  
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Just as the Judge was exiting the Courthouse, he found Sonny and Rafael getting Macy into her new coat.

"Miss Gimbel. I'd like to thank you for the magnifying glass. I plan to use it often. I don't think I'll need to keep this ten spot though.

"But Judge, I insist. As a reminder of the whole case." Macy said innocently.

"How can I say no? Okay, I'll keep it but I don't plan to spend it." Judge Ryan said.

"That was the idea of as a reminder though." Macy said.

"OH, okay. I plan to keep it in my wallet always. You're a remarkable little girl, Macy." Judge Ryan said as he hugged her one last time.

"Come on, honey. Let's go home." Rafael said as he picked up Macy.  
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That night, Macy was asleep and Liv was in charge of the slumber party Noah once again planned. He was in a separate sleeping bag without Jessie since Amanda had to go to Georgia with Jessie to visit her mother for Christmas. Suddenly though, Sonny and Rafael each got a buzz on their beeper and went to check what was up, Liv holding the fort. When they did, Judge Ryan and the people in charge of issuing marriage licenses were standing there.

"Sonny? Did you set this up?" Rafael asked.

"No, did you?" Sonny asked back.

"No." Rafael got defensive.

"Neither of you set it up. Kris called the clerk and asked that you get your marriage license filed tonight or Macy doesn't get the Christmas of her dreams completely." Judge Ryan said.

"I also took care of filing your adoption papers. Sorry, I'm Susan Doris Walker, Macy's social worker. Kris told me you were looking to adopt her. You look like the right couple. Mr. Barba, with your financial stability and Mr. Carisi with your love of children, I think we can file Macy's adoption right away. Merry Christmas, you're gonna be parents. Here's the papers, sign them quick though, it's almost Midnight." Susan said as they did just that as well as sign their marriage license and certificate as Judge Ryan officiated in secret, the clerk and Susan choosing to be witnesses and signing themselves.

At the same time, a parcel for Macy with a map and keys got stuffed into their mail box and they retrieved it just as they got home from the impromptu marriage and consummated their union as husbands.  
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Susan saw some packages the next mornight and patiently waited for Sonny, Liv and Rafael to wake up. Noah was still asleep. Liv was the first to wake up, a little edgy because she heard EVERYTHING that Sonny and Rafael did the night before.

"Morning Liv." Macy said.

"Morning, Macy. I see you're waiting for your presents to be opened. Well Santa's gifts to Noah are all at Noah's and my place by now, why don't you see for the present Noah and I got you?" Liv walked over yawning as she helped look for it. When they found it and opened it, Macy smiled as she saw it was a princess castle doll house.

"I love it. Thanks, Liv." Macy said as she hugged Liv's neck.

"You're very welcome, sweetie. Now the rest are from Rafael and Sonny, so go ahead and wait for them to open the rest. Okay?" Liv asked.

"Of course. I don't wanna ruin the surprise." Macy said. Just then, Sonny came in, wearing a ring Rafael had been saving for his own proposal. It turned into a wedding ring instead. He shone the reflection of light from the gem that was on it into the tree and Macy followed until Macy saw the ring on Sonny's finger.

"No way." Macy gushed.

"Macy, we have some news." Sonny started.

"Have you opened your presents yet?" Rafael asked. Macy started to cry tears of joy as she saw her foster fathers (She hasn't been told yet they adopted her last night) had gotten married.

"There's more. Macy, would you like to keep your given last name or just drop it?" Sonny asked.

"Why?" Macy asked.

"Well we want you to be comfortable with being called Barba-Carisi." Rafael said with a big smile. Macy squeeed so loud that Sonny thought all the glass would shatter in the entire building. "GIMBEL BARBA-CARISI DEFINITELY!" Macy shouted excitedly as she jumped up and down.  
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Once all the presents were opened, they opened the package addressed to Macy and Rafael read the map as it lead to the house Macy told Kris about.

"Ah, you must be Misters Barba-Carisi. Congratulations. I'm the manager of the department store Mr. Kringle worked for. Sawyer Shellhammer. Your name's already on the mailbox and I have to say you were given a beautiful house. Mr. Kringle asked us about the house a couple nights ago just before his trial ended. He also said you'd be expecting to adopt a baby boy in the future." Mr. Shellhammer said. Macy smiled and Rafael and Sonny were just confused, but before any questions were asked, Shellhammer continued.

"As you will see and you do have your copy of the keys you received right?" Shellhammer continued.

"They're still in this box." Macy said.

"Good show, young Mistress Macy." Shellhammer said. "You will see if you turn the lock, you'll see that everything's already furnished and there are 8 bedrooms. Mr. Kringle took care of everything and even signed the deed to the house off to you." Shellhammer said as he handed the deed to Rafael.

"Where's Kris now? We should thank him." Sonny asked.

"Oh I wish I knew but Mr. Kringle said he was leaving to get some rest somewhere overseas." Mr. Shellhammer said as he bid them farewell and Sonny and Rafael entered the house. It was huger on the inside if it were even possible. Macy explored the upstairs and Sonny looked into the kitchen. Rafael saw an office was put together adjacent to one of the closets under the stairs.

"I LOVE IT! Oh, Daddy. This is the best Christmas ever." Macy said as she hugged Sonny's leg.

"I love it too, sweetie. Did you wish for this house for Christmas?" Sonny asked.

"Yep. I also wished you'd adopt me. You and Papa Rafael." Macy smiled.

"What about the baby brother?" Sonny asked. "That certainly came out of nowhere from that Shellhammer person."

"The brother is probably a bonus. Just as it was that you got married last night." Macy said as she hugged Sonny again. Sonny blushed and he smiled at Rafael, who walked over to the two of them and kissed Sonny's lips.  
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1 Year Later  
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"I bet you're wondering "Maybe taking an ordinary man and convincing the world he was Santa Claus wasn't such a good idea afterall. Well I say Poppycock." Sonny said as he celebrated his one year wedding anniversary in the house. Luckily there was an attic so everything that was in Rafael and Sonny's old apartment was moved in there. Macy turned it into her play room and kept it pristine for her future baby brother who came last week, a 1-year-old named Cole. "If I didn't do this, I wouldn't consider myself one of the luckiest men in Manhattan. Rafael wouldn't have agreed to marry me, we'd probably be broken up by now, Macy would've been passed down to a foster couple that wouldn't do her justice and GOD knows where Cole'd be right now." Sonny continued. "So here's to Kris, hopefully he pays a visit tonight and we give him a glass of sparkling white grape juice and Sonny's famous chocolate chip cookies. The next morning after everyone had gone home, Sonny saw a note from the plate of cookies, the cookies were completely gone.

"Thank you so much for your cookies. Merry Christmas Sonny and thank you so much for what you did for me. You don't know what you did for the kids all over the world." Sonny read it outloud and smiled brightly as he put the plate away and put the note in his special drawer in the kitchen, then began to make breakfast for his family.

The End

**Notes for the Chapter:**

> Last chapter...I feel cathartic.

**Author's Note:**

> Did you see the little shoutout I did to the original Miracle on 34th Street? Eh? EH?


End file.
